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Madras High CourtWP/34148/2024allowed

K.Sarangan v. The Sub Registrar

2024-11-21Honourable Ms. Justice P.T. Asha3 pages

In the High Court of Judicature at Madras Dated : 21.11.2024 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.34148 of 2024 K.Sarangan

...Petitioner

Vs The Sub-Registrar, Office of the Sub-Registrar, Katpadi, Vellore Registration District, Vellore District.

...Respondent

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for records relating to the refusal letter bearing Refusal Number RFL/Katpadi/78/ 2024 dated 25.9.2024 issued by the respondent, quash the same and direct the Sub-Registrar, Katpadi to entertain the petitioner's application to register the settlement deed executed by the petitioner to his son Mr.S.Rajasekaran, aged 32 years residing at No.11, Koil Street, Madura Alwarthangal, Karnampet Village, Katpadi Taluk, Vellore District.

For Petitioner :

Mr.Shriram Adhithyan for Mr.M.P.Rajendran For Respondent :

Mr.M.Shahjahan, SGP 1/3

ORDER

Challenging the refusal check slip issued by the respondent dated 25.9.2024 refusing to register the settlement deed presented by the petitioner on the ground that the previous original document has not been furnished for verification, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for the respondent.

3. This Court has, time and again, issued instructions to the Registering Authorities to act within the confines of the powers conferred under the Indian Registration Act. In the considered view of this Court, the insistence of production of the previous original document does not come within the powers conferred on them.

4. Accordingly, the writ petition is allowed, the impugned refusal check slip is set aside and the respondent is directed to register the settlement deed presented by the petitioner within a period of two weeks from the date of receipt of its representation. No costs. 21.11.2024 2/3

P.T.ASHA,J RS To The Sub-Registrar, Office of the Sub-Registrar, Katpadi, Vellore Registration District, Vellore District.

21.11.2024 3/3